10. Retain and revise the standard for a public agency’s basis of
knowledge for children not determined eligible for special education
and related services.

A child who has not been determined to be eligible for special
education and related services under Part B of the IDEA and who has
engaged in behavior that violated a code of student conduct, may assert
any of the protections provided for in Part B if the public agency had
knowledge that the child was a child with a disability before the
behavior that precipitated the disciplinary action occurred.

A public agency must be deemed to have knowledge that a child is a
child with a disability if before the behavior that precipitated the
disciplinary action occurred:

The
parent of the child expressed concern in writing to supervisory or
administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;

The parent of the child requested an evaluation of the child pursuant to 34 CFR 300.300 through 300.311; or

The teacher of the child, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency.

[34 CFR 300.534(a) and (b)] [20 U.S.C. 1415(k)(5)(A) and (B)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

What
is the current process or procedure in your school for a parent and/or
a teacher to express a concern regarding a student’s academic or
behavior needs?

Is the process working efficiently and effectively?

Please give examples from your experience.

How
are concerns expressed by parent(s) and/or teachers documented and
tracked by your district? Is the process working efficiently and
effectively?- Please give examples from your experience.

In
your opinion, do concerns expressed within a response to intervention
process equal an expression of specific concerns that indicate a basis
of knowledge relative to special education protections?

In
your opinion, do concerns expressed within an instructional assistance
team process equal an expression of specific concerns that indicate a
basis of knowledge relative to special education protections?

Application Questions

What
new knowledge and skills might be necessary across all stakeholders,
including students with disabilities and their families, to properly
implement and monitor this provision?

What
communication processes would be helpful to facilitate implementation
of this provision among school personnel and families?

What
processes need to be put into place to train school personnel about
this provision and the point at which an expression becomes “basis of
knowledge” that a student has a disability?

How
will the school ensure that personnel who have expertise to identify
behavioral and mental health issues (in-school or outside agencies) are
part of the decision-making? How will interagency agreements support
the work of these teams?

What procedures can be put into place to move into action after a need has been appropriately expressed?

What
features and definitions need to be put in place to train hearing
officers regarding this provision, especially in light of the
implementation of early intervening services processes?

These questions were developed by the following stakeholders working together: